Pegacasa.com Online Transaction Terms & Conditions
(for delivery outside of Taiwan)

1. INTRODUCTION

These are the terms and conditions governing the use of this website and the agreement that operates between us and you ("the Terms"). The Terms set out the rights and obligations of users ("You" or "your") and those of Pega International Ltd. ("us", "our", "we", or "PEGACASA") in relation to the products offered by us through this website, pegacasa.com (“Site”). Before You place an order on this Site, please carefully read these Terms and our privacy policy (“Privacy Policy”). By using this Site or placing an order through it, You are consenting to be bound by the Terms and our Privacy Policy.

The Terms are subject to amendment, so You should carefully read them prior to placing any order. If You do not agree to any such change, you must not continue to access or to use this Site. If You continue to access and/or to use this Site after any change of the Terms comes into effect, You will be deemed to have accepted the change.

If You have any questions about the Terms or the Privacy Policy, You may contact us through our customer service email address: Pegacasa_service@pegatroncorp.com.

Pega International Ltd. is a corporation incorporated under the laws of Taiwan (R.O.C.), with its principal place of business at [7F.-2, No.167, Guangming Rd., Beitou Dist., Taipei City 112, Taiwan (R.O.C.)]. More information about Pega International Ltd. can be found at https://www.pegacasa.com/About.

2. USE OF THIS SITE

The Terms are the only conditions that are applicable to the use of this Site and they replace all other conditions, except with the express, prior written agreement of PEGACASA. The Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unconditionally accept these Terms, having read them. You agree that:

  1. You may only use this Site to make legitimate enquiries or orders.
  2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You if necessary.
  4. If You do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the Site, You warrant that You have reached the legal age under the applicable laws and that You are legally capable of entering into binding contracts and are fully responsible for the authenticity of all information contained in your order. You hereby confirm, before placing an order through the Site, on the one hand, we have provided you with and draw your attention in a conspicuous manner to, on the other hand, you have carefully read and fully understand, the relevant information of the products or service in your order, including quantity and quality, price or expense, performing period and method, safety caution and risk warning, after-sales service, civil liabilities, etc.

We may terminate or suspend your access or use of this Site if either: (a) we reasonably consider that you have breached the Terms; or (b) we consider it necessary to do so for security purposes.

3. SERVICE AVAILABILITY

The products we offer on this Site can only be delivered to the following territories:

  1. European Union (“EU”)
  2. United States of America

4. HOW THE CONTRACT IS FORMED

The information set out in the Terms and on this Site do not constitute an offer for sale but rather an invitation to offer. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your order and funds have already been deducted from your PayPal account or credit card, these will be fully refunded.

To order products on this Site, You will be required to follow the online shopping process to submit the order.

Shopping Process:

Step 1.
Select the product(s) to purchase

Step 2.
Fill out the shipping info

Step 3.
Pay in full via PayPal

Step 4.
Receive the order confirmation letter by email

Your order constitutes your offer to us to purchase one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product You ordered is ready to ship and the tracking number (the “Shipment Confirmation”). The contract for the purchase of a product between You and us (the “Contract”) will only be formed when we send You the Shipment Confirmation.

The Contract will relate only to those products whose shipment we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the shipment of such products has been confirmed in a separate Shipment Confirmation.

Orders placed after the cut-off times or on weekends and public holidays will be processed on the following working day.

5. AVAILABILITY OF PRODUCTS

All orders for products before Shipment Confirmation are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we may, at our discretion, give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any monies that You have paid.

6. REFUSAL OF ORDER

We reserve the right to withdraw any Product from this Site at any time and/or remove or edit any materials or content on this Site. While we endeavor to process all the orders, there may be exceptional circumstances under which we may need to refuse to process an order, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to You or any other third party by reason of our withdrawing any product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an order.

7. DELIVERY

Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation within 14 business days of the date of the Shipment Confirmation.

Reasons for delay include, but is not limited to:

  • Customization of products;
  • Specialized products;
  • Unforeseen circumstances;
  • Delivery area;
  • Wrong information given by You such as errors in the delivery address.

If for any reason whatsoever, we cannot meet the delivery date, You will be notified thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid.

For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the products shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address and showing proof of this.

8. RISK AND TITLE

The Products will be at your risk from the time of delivery to the address indicated by You. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8 above), whichever is later.

9. PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Site, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our Site are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.

We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as such.

The prices displayed on our Site include delivery costs but exclude VAT and other applicable taxes.

Prices may change at any time but (except as provided above) any pricing change will not affect any order that we have accepted before the pricing change comes into effect.

All products purchased on this Site must be paid in full through your PayPal account or by credit card (Visa, MasterCard, Discover or American Express) through the PayPal platform.

Payment via PayPal processing: By adopting the “PayPal’s Purchase Protection programs”, You can conduct your transactions more securely. Additionally, PayPal technology offers the knowledge to help against identity theft or phishing and authentications for your immediate verifications and facilitating payments safely. To pay for your order on this Site, simply click the “check out” button to open “PayPal Purchase Protection”, and select “My PayPal account” or “I don’t have a PayPal account” to start online credit card processing.

If we do not receive your payment, we will not process your order.

10. TAX

All purchases of products through the Site may be subject to Value Added Tax (VAT) and/or other applicable taxes. Customs and import duties are applied once the product shipment reaches its destination (i.e. European Union VAT). Import taxes, duties and VAT are the responsibility of the recipient of your order and they will vary from country to country. Delivery may be delayed by customs/import duties and local postal requirements. We recommend that You contact your local customs office for details.

11. EXCHANGE POLICY

If the product delivered to You is not what You ordered or is damaged or defective, You may return such product to us at our cost for a replacement or refund (if we cannot provide a replacement). In this case, You should promptly contact us via our customer service email with details of the product and its damage or defect, if any. You will receive instructions from us.

You may return the product to us by giving it to the courier arranged by us.

Upon receipt of the returned product, we will fully examine it and notify You of your right to a replacement or refund (if we cannot provide a replacement) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 14 business days of the day we confirmed to You via e-mail that You are entitled to a refund or replacement for the non-conforming product. Products which are not in the same conditions as those of delivery or which have been used beyond the mere opening will not be exchanged or refunded. Product exchange is limited to exchange for the same product of the same size and the same color, unless otherwise agreed to in writing by us.

TIMING FOR AN EXCHANGE

Within 14 Days:

  • Defective/damage  product
  • Wrong item sent by us

(free shipping)

Cannot Exchange:

  • Customized Items
  • Final sale products
  • The order over 14 days
  • Others─ Normal goods

 

MAKING AN EXCHANGE

Step 1:
Complete the form
Step 2:
Pack the box
Step 3:
Drop it off

 

  • Complete the return/exchange form and email to us pegacasa_service@pegatroncorp.com
  • Include exchange form with your return.
  • Affix the postage-paid UPS return label sent by us to your box
  • Visit www.ups.com and click “Contact UPS” and call the UPS Customer Service telephone number to arrange a collection.
  • NOTE: Please allow up to 2 weeks for us to receive and process your return. If the return product is not defective or damage, customer is responsible for all back and forth shipping charges $USD 40 for exchanges.

12. REFUND POLICY

Except as otherwise expressly set forth in the Terms, we do not accept any return of purchased products for refund. Notwithstanding the foregoing, You might have certain statutory rights if You ordered products to be delivered into EU. Please click here for details.

13. LIMITATION OF LIABILITY AND DISCLAIMERS

Our liability in connection with any product purchased through this site is strictly limited to the purchase price of that product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, including but not limited to any:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of or damage to profits or contracts;
  4. loss of or damage to your computer equipment;
  5. loss of corruption to or data;
  6. loss of time;
  7. any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage; and
  8. any loss or damage which was not foreseeable by both you and by us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you.

Nothing in the Terms is intended to exclude or limit any rights You might have as a consumer under applicable law that may not be excluded or limited, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our gross negligence.

Due to the open nature of this Site and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Site.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL PRODUCT DESCRIPTIONS, INFORMATION AND MATERIALS POSTED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, HOWSOEVER ARISING. WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND.

PEGACASA will use commercially reasonable efforts to ensure that this Site and the content are free from viruses and defects but cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, "Equipment") will not be damaged, corrupted, lost or otherwise affected if you access or use this Site or any content. PEGACASA recommends that you take all steps necessary to protect your Equipment when using this Site or any content, such as installing reputable anti- virus software.

14. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You from using this Site to the extent necessary to make a copy of any order or Contract details.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to You should be in writing.

By using this Site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on the Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing.

16. NOTICES

All notices given by You to us should be given to us preferably via email. Subject to Clause 15 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order, or by posting notices on the Site.

Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

17. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on You and us and on our respective successors and assigns.

You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, delegate, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.         For the avoidance of doubt, any such transfer, assignment, delegation or other disposition will not affect your statutory rights as a consumer.

18. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible in part or in whole for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events beyond our reasonable control (“Force Majeure Event”).

From time to time, this Site may contain links which will direct you to external web sites or webpages operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this Site. PEGACASA does not control and is not responsible or liable for the accuracy, security or reliability of any Third Party Sites or for any content, advertising, products or other materials on or available from theThird Party Sites. Access to any Third Party Sites is at your own risk and PEGACASA will have no liability to you for any loss or damage that you suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Sites and/or their content, or caused by or in connection with any purchase of goods or services available on or through any such Third Party Sites.

19. WAIVER

If we fail, at any time, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, such failure shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of Clause 16 above.

20. SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

These Terms and any document expressly referred to herein represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms. Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently).

22. OUR RIGHT TO CHANGE THESE TERMS

We may revise and amend these Terms from time to time which will be published on the Site without serving further individual notice to You. The revisions and amendments to these Terms shall be effective upon publication on the Site

By using this Site and/or placing an order through it following those revisions and amendments, You are consenting to be bound by the Terms in force at any given time. If You do not agree to all of the Terms in force at any given time, please do not place an order. For this reason, You should always check the Terms published on the Site before You place any order.

You will be subject to the Terms, Privacy Policy and other policies available on the Site and in force at the time that You order products from us, unless any change to those Terms, Privacy Policy or other policies is required to be made by law or governmental authority, in which case it may apply to orders previously placed by You.

23. APPLICABLE LAW AND JURISDICTION

All matters arising from or relating to the use or operation of this Site (including without limitation Contracts for the purchase of products through this Site) will be governed by and interpreted in accordance with laws of Taiwan (R.O.C.), without reference to principles of conflicts of law. Any dispute arising from or related to the use or operation of this Site (including without limitation Contracts for the purchase of products through this Site) shall be subject to the non-exclusive jurisdiction of the Taiwan Taipei District Court.

24. FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us to our customer service email address, Pegacasa_service@pegatroncorp.com.

Revised 2015/12/24